A court may recharacterize a creditor’s debt claim as an equity interest. This recharacterization often has a significant impact on creditor claims.

Digital assets generally cannot be physically held, but they may now be legally possessed, under the UCC in Delaware and other states that have adopted identical provisions of the UCC or similar legislation.

The utilization of LMTs, including the use of private credit, in recent restructurings, and the potential role of AI, could permanently change the game of negotiating credit agreements.

Chapter 15 bankruptcies can reach across international borders, and as such, US bankruptcy courts may need to be involved to resolve claims.

It is important to be aware of the financial and legal risks of bankruptcy claims trading.

Using Your Personal Experience and Expertise to Formulate an Investment Thesis It’s time to take an in-depth look at distressed debt investing and how you can use your personal experience together with company valuation methods to make decisions. Most investors will want to enter the distressed investing space by relying on the expertise of various funds that focus on these types of investments. Thus, I’ll address the constraints an individual investor faces and how one determined to make their picks can gain an advantage over others in the markets. You […]

Lender-on-lender violence has been noted more in recent news, and have been increasingly used in out-of-court restructurings in recent years including during the COVID-19 pandemic.

Although commonly used interchangeably, recharacterization and equitable subordination have different purposes and effects on order of priority of claims.

A Series on the ABCs of ABCs, when it comes to claims there’s a plethora of them. From secured, to unsecured, to bankruptcy, and trade. Read all the basics in this installment of Dealing with Corporate Distress. This Installment expands on the complexity of claims and claim priority in bankruptcy.

The Jevic case upheld the absolute priority rule, but it did not prohibit structured dismissals. How are structured dismissals affected post-Jevic?